Gayathri vs State Represented By Its
2022 Latest Caselaw 18174 Mad

                                                                       Crl.O.P.(MD)No.20838 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 14.12.2022

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                            Crl.O.P.(MD)No.20838 of 2022

                     Gayathri                                               ... Petitioner

                                                         Vs.

                     1.State represented by its
                       The Inspector of Police,
                       Ambasamudram Police Station,
                       Tirunelveli District.
                       (Crime No.129 of 2013)

                     2.Vasanthi                                             ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records pertaining to the
                     proceedings in C.C.No.187 of 2019 on the file of the learned Judicial
                     Magistrate, Ambasamudram, Tirunelveli District and quash the same as
                     against the petitioner.

                                      For Petitioner     : Mr.Jegadeesh Pandian

                                      For R1             : Mr.M.Muthumanikkam
                                                           Government Advocate (Crl. Side)

                                      For R2             : Mr.S.Vengateshwaran



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.(MD)No.20838 of 2022




                                                          ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders to call for the records pertaining to the

proceedings in C.C.No.187 of 2019 on the file of the learned Judicial

Magistrate, Ambasamudram, Tirunelveli District and quash the same as

against the petitioner.

2. The learned counsel appearing for the petitioner would submit

that the second respondent has lodged a complaint before the first

respondent and on that basis, FIR came to be registered in Crime No.129

of 2013 and after investigation the same was taken cognizance in

C.C.No.243 of 2016 on the file of the Judicial Magistrate,

Ambasamudram against four persons including the petitioner/fourth

accused.

3. It is evident from the records that the case as against the

accused 1 to 3 was proceeded in C.C.No.243 of 2016 and after

full-fledged trial, the learned Judicial Magistrate, Ambasamudram has

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20838 of 2022

passed an judgment dated 29.07.2022 acquitting the accused 1 to 3 under

Section 248(1) of Code of Criminal Procedure and the case as against the

present petitioner was ordered to be split up and the same is pending in

C.C.No.187 of 2019.

4. The case is under trial. By passage of time, the parties have

decided to bury their hatchet and compromise the dispute amicably

among themselves.

5. A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioner and the second respondent and

also by their respective counsels. The petitioner and the second

respondent are present before this Court and and they were identified by

M/s.M.Muthuselvi, Special Sub Inspector, All Women Police Station,

Ambasamuthiram as well as by the learned Counsels appearing for the

parties. This Court also enquired both the parties and was satisfied that

the parties have come to an amicable settlement between themselves.

6. In the instant case, the dispute is of personal in nature and the

parties had compromised. Where the parties have compromised the

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20838 of 2022

matter, the High Court has to power to quash the complaint for the

offence under Sections 494 and 506(1) IPC.

7. The legal position expressed by the Hon'ble Apex Court in the

case of Gian Singh vs. State of Panjab and another reported in

(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of

Gujrath) reported in (2017)9 SCC 641 were taken into consideration.

8. In the light of the guidelines issued in the above said

Judgments of the Hon'ble Apex Court, no useful purpose will be served

in keeping the proceedings in C.C.No.187 of 2019 pending before the

Judicial Magistrate, Ambasamudram, even though, the offences involved

are not compoundable in nature.

9. Accordingly, this Criminal Original Petition is allowed and the

proceedings in C.C.No.187 of 2019, on the file of the Judicial

Magistrate, Ambasamudram, is quashed as against the petitioner and the

joint compromise memo shall form part and parcel of this order.

                                                                                   14.12.2022
                     Index             :      Yes / No
                     Internet          :      Yes / No
                     csm




https://www.mhc.tn.gov.in/judis
                                                             Crl.O.P.(MD)No.20838 of 2022

                     To

                     1.The Judicial Magistrate,

Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20838 of 2022

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.20838 of 2022

Dated: 14.12.2022

https://www.mhc.tn.gov.in/judis